Caricel execs look to recover ‘monumental losses’

Symbiote Investments executive Minette Lawrence has expressed confidence that there will be “full restitution and compensation for the monumental losses” suffered due to their failed criminal prosecution.

The Court of Appeal last week struck out the notice of appeal, which was filed by the Director of Public Prosecutions seeking to overturn a lower court’s decision to free four executives of Symbiote Investments Limited, a tech firm, of criminal charges.

Lowell Lawrence, chief executive officer and director of Symbiote, which trades as Caricel, his wife Minette, who is the company secretary, Natalie Neil, company director, and Livingston Hines, principal shareholder and director of Xtrinet, were freed in the Kingston and St Andrew Parish Court last June.

They were accused, under the Telecommunications Act, of broadcasting without a spectrum licence.

The DPP filed the notice of appeal in the parish court on July 13 last year. The four filed their application in the Court of Appeal last September for the notice to be thrown out.

On July 11, attorney-at- law Dr Mario Anderson, who represented the company officials, argued that the appeal should be struck out because it had no foundation in law or practice, and was a continuation of the “reprehensible abuse of judicial process which had characterised the proceedings before the parish court”.

The lawyer argued that the prosecution failed to disclose evidence that the Caricel spectrum licence had been revoked or that the defendants had knowledge of such revocation.

He also said the prosecution repeatedly failed to satisfy the parish court judge’s request for proof that proper disclosure had been made.

Assistant Director of Public Prosecutions Judi-Ann Edwards and Crown Counsel Kemar Setal and Sarahope Cochrane Spencer represented the DPP.

The appeal court, comprising Justices Paulette Williams, Carol Edwards and acting judge of appeal Kissock Laing, agreed with Dr Anderson’s arguments and struck out the prosecutor’s notice of appeal.

Commenting on the outcome, the Lawrences said that their victory was “a triumph of faith” because the entire experience with Caricel was “orchestrated to destroy their business as well as their reputation”.

“When the might and power of the Government is brought against ordinary citizens, only God can help you so we turned to God and we are grateful that he answered,” they added.

The executives were charged in February 2020 with one count of conspiracy to use the spectrum without a licence and five counts of use of spectrum without a licence.

In their defence, they objected to the charges and described them as an abuse of the process and argued that they were not arrestable offences. They also argued that the prosecution failed to produce witnesses or evidence to support its case.

Forcibly shut down

It was further submitted that the police, having forcibly shut down Caricel’s operations and seized its equipment, wanted to justify their conduct and retain custody of the equipment valued at over US$9 million.

The parish judge upheld the submissions, dismissed the case and ordered the immediate return of all the equipment seized.

However, to date the equipment cannot be accounted for and the demise of the appeal means there is no further impediment to the parties pursuing their claims for compensation for false imprisonment, malicious prosecution and damages for the detention and/or value of the equipment, the Lawrences disclosed.

Caricel’s business was transferred to local licensed operator Xtrinet.

“I am confident that there will be full restitution and compensation for the monumental losses which we and our families suffered,” Minette Lawrence said.

“My one regret is that the cost will be borne by the taxpayers who lost the opportunity to have the benefit of a world-class internet service and now they have to cover the cost. I look forward to the time when public officials will be held personally accountable for their misconduct and abuse of power.”

barbara. gayle@gleanerjm.com